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How do employees of foreign companies in Huli District of Xiamen move to Anxi, Quanzhou to settle claims?
Article 17 of the Labor Contract Law stipulates that the workplace is one of the necessary clauses of the labor contract. When signing a labor contract with the employer, both parties shall make an agreement on the specific workplace. The change of work place means the change of labor contract, and employees can disagree.
The change of the labor contract is based on Article 35 of the Labor Contract Law, and the original contract is partially changed through negotiation between the employer and the employee. The changed contract has the same legal effect as the original contract, and the changed contents shall be implemented according to the changed contents, and other unchanged contents shall be implemented according to the original contract. As long as the contract has not been signed or notarized by the labor bureau, it will not take effect!
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation. The "objective situation" in this article refers to the occurrence of force majeure such as enterprise relocation, merger, enterprise asset transfer, or other circumstances that make all or part of the terms of the labor contract impossible to perform.
Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the standard that the employee pays one month's salary for every year of working in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
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